Families Of Covid-19 Victims Can't Be Deprived Of Compensation Merely Because Applications Filed Physically: Bombay HC To Maha Govt

"The web portal is for your convenience. Getting compensation is their right. They cannot be deprived just because they filed [applications] physically," Justice MS Karnik observed.

A division bench of Chief Justice Dipankar Datta and Justice MS Karnik was hearing a PIL filed by NGO Prameya Welfare Foundation seeking a payout for all eligible applicants even if the claims were filed physically or by post.

After the Supreme Court's intervention, the National Disaster Management Authority framed guidelines by which dependents of Covid victims would receive Rs 50,000 ex-gratia compensation by the State Governments through the State Disaster Response Fund ("SDRF").

The redressal of grievances regarding certification would be governed by the guidelines issued by the Ministry of Health and Family Welfare and ICMR on September 3, 2021, the Centre had told the Supreme Court.

On Monday, Advocate Sumedha Rao for the petitioners informed the High Court that several slum dwellers had filed claim applications before Collector's Office much before the Maharashtra Government came up with an online portal for payments.

Rao said that those being denied compensation were very poor.

The NGO's plea stated that on one hand families have lost their bread winners while on the other hand they have not received compensation which is their right to life. Moreover, there were several technical glitches in uploading forms to online portals.

Counsel for BMC, the civic body for Mumbai city, submitted that they had received 34,159 applications, of which 16,818 applications were approved.

Government Pleader Purnima Kantharia for the State submitted that through the online portal, the process was streamlined, and money was directly reaching the beneficiary's account. She further said that the petitioners could help people submit these online applications.

However, Chief Justice Dipankar Datta was of the view that the State need not deny payment due to technicalities.

"The spirit of Supreme Court order is the administration must reach families of persons who have died of Covid-19. Keep this in mind, and why should you be so technical?," CJ Datta asked.

Kantharia submitted that she would take instructions, after which the matter was posted to Thursday.